Appeals by the Accused: Grounds

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 326-333

326 Post-trial Matters / Appeals

4.1(c) Appeals by the Accused: Grounds

Is the decision

unreasonable, or not

supported by the

evidence?1

Is the decision wrong

on a question of law?3

Is there no

substantial wrong or

miscarriage of justice4

(or no prejudice, if

jurisdictional error)?5

Yes

(correctness)7

Yes (reasonableness)7

Yes

Yes (reasonableness)7

No

No (or yes)2

No (or yes)2

No

Is the decision a

miscarriage

of justice?6

Dismiss the appeal8

Dismiss the appeal8

Allow the appeal9

This chart governs the bases upon which an appeal from a conviction on an

indictable oence by the accused can succeed under s 686(1). Broadly, these fall

into three categories: unreasonable verdicts, errors on a question of law, and

miscarriages of justice. This chart explains the dierences between each of the

three grounds of appeal and the manner in which each is dealt with, which will

lead into Chart 4.1(e), Appeals by the Accused: Possible Outcomes. The chart

accompanying these annotations is based on the assumption that the accused

was convicted on only one charge and is appealing that conviction: some dif-

ference would arise if the accused had been convicted of more than one count

(see note 8, below).

Section 675 sets out the bases upon which an appeal can be commenced,

which are noticeably broader than the bases upon which it can succeed: see

Chart 4.1(d), Appeals by the Accused: Narrowing the Bases for Success. The

chart accompanying these annotations deals specically with appealing a con-